共同住宅의 瑕疵와 관련한 民事責任

• 영문명: The Civil Liability on the Defect of Apartment Housing
• 발행기관: 한국집합건물법학회
• 저자명: 김성욱(Kim, Sung-Wook)
• 간행물 정보: 『집합건물법학』제2집, 103~121쪽, 전체 19쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2008.12.30

영문 초록

In general, the contract for the sale of Apartment Housing may be said to be a combination of the sale contract for assignment of the separate ownership of the aggregate building to be subsequently completed and the construction contract for completion of the said aggregate building. Thus, the contract for the sale of Apartment Housing has the nature of both a sale contract and a construction contract. Therefore, Housing Act provides that the provisions regarding the contractor′s warranty liability shall apply mutatis mutandis to the warranty liability of the seller of Apartment Housing for the purpose of protecting purchasers. Accordingly, purchasers should be entitled to request repair and replacement under the warranty clause or dissolution of the contract, claim damages or reduction of payment, etc.

목차

Ⅰ. 서설

Ⅱ. 재건축과 관리단 집회

Ⅲ. 결의권의 행사

Ⅲ. 결의의 요건

Ⅳ. 결어

참고문헌

키워드

공동주택 담보책임 하자보수 손해배상 계약해제 Apartment Housing Warranty Liability The repair of the defect The compensation for damage The dissolutio n of the contract